Social Security

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If you’ve been injured or otherwise believe that you are entitled to federal Social Security Benefits, the right lawyer can make certain that you recover the maximum benefits you deserve under the law. As a service to our web page visitors, the social security specialists at d'Oliveira & Associates, P.C., have prepared an introduction and summary of Social Security laws, how you can qualify for benefits, and the steps that you need to take to preserve your right to coverage.

Please feel free to call us or drop by any of our fifteen locations if you have any questions regarding your social security claim. Our expert staff and attentive lawyers stand ready to provide you with the very best social security claim representation available. Tell the social security administration that you mean business, let one of our attorneys get to work for you now!

SOCIAL SECURITY LAW

If you are disabled and cannot work, you may be able to receive disability payments from the Federal Government. These payments are referred to as Social Security Disability Benefits. To qualify for social security disability benefits, you must have "a physical or mental impairment that is expected to keep you from doing any substantial work for at least a year" or a condition that is expected to result in your death. Generally, $500 or more of monthly earnings are considered to be "substantial."

You should file a claim for disability benefits as soon as possible. Although in most cases the monthly disability benefits do not begin until the sixth full month of your disability, you can get the process started so that when the waiting period is satisfied, the benefits can be paid.

Social security disability benefits can be reduced if you get workers' compensation or other government disability benefits. The sum of all disability payments to you and your family is not supposed to exceed 80% of your averaged earning before you became disabled.

Social security disability benefits continue unless your condition improves or you return to substantial work. There are special rules that offer incentives to disabled persons to try working without the risk of a sudden loss of the monthly benefits and the Medicare coverage.

HOW IT WORKS

Social Security Disability Benefits and Supplemental Security Income both require that the claimant suffer from a condition, disease or impairment which has lasted or is expected to last for twelve months or result in death, and that the claimant is unable to work.

The difference between Social Security Disability Benefits and Supplemental Security Income is that the Disability Benefit pays more. Disability Benefits are available to those who are "insured". "Insured" means that you have worked a required number of "quarters" of a year and that you worked approximately five years out of the last ten years before you became disabled. In addition to the monthly benefits check,

Disability Benefits cases may pay retroactive benefits for as much as one year prior to the date of application.

Supplemental Security Income is based upon low-income requirements and disability and pays a maximum in Rhode Island or Massachusetts of about $532 per month. In addition to the monthly benefits check, Supplemental Security Income cases usually pay retroactive benefits from the date you applied.

HOW TO APPLY

Applications for benefits are made at your local Social Security office. The address of your local office can be obtained by calling 1-800-772-1213. At the Hearing level (the first stage in the process) your chances of success are more than twice as good if an attorney represents you than if you are not represented. Your attorney will tell you what to expect and will provide you with a list of the questions that the judges usually asks.

WHAT DISABILITIES QUALIFY

Disability means you are unable to work because of any medically determinable physical or mental impairment that can be expected to result in death or last for a continuous period of not less than 12 months. This can mean different things in different cases because the law also says that you are disabled if your impairment is so severe that you cannot do your previous work and cannot, considering your age, education and work experience, engage in any other work. This means that each case must be looked at individually.

The Social Security Regulations include the "listings" which describe how severe a disease, condition or impairment must be for the Social Security Administration to consider it disabling. If your condition does not meet the listings, you may still be considered disabled if you have several different conditions which together make you disabled. The regulations also consider age, education, work experience and the ability to speak English.

WHAT YOU MUST SHOW

Medical reports are the most important evidence. Reports by treating physicians are given the most weight under the law. Such a report, giving your history, symptoms, tests and test results, diagnosis, and prognosis, can win the case if the report shows that your condition is as severe as the listings require. Witnesses are rare in Social Security Hearings because most doctors will charge $1,000 to appear and testify. Testimony from family or friends is only useful when the Claimant cannot describe his own problems.

WHEN YOU CAN FILE

You can file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a minor illness or one that is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.

WHAT DO I DO IF I DON'T AGREE WITH A DECISION MADE BY THE SOCIAL SECURITY
ADMINISTRATION?

The Social Security Administration will provide you with a written decision regarding eligibility for social security or Supplemental Security Income benefits. If you do not agree with the decision, you have a right of appeal. Your appeal may be presented to an Administrative Law Judge who regularly handles these matters and is generally familiar with social security and its eligibility rules. In going forward with your appeal to an adverse decision, you can be represented by a qualified person of your choice. If you wish to appeal a decision made by the Social Security Administration, please contact us, we can help you with your appeal.

YOUR RIGHT TO REPRESENTATION

Under Social Security Administration guidelines, you have a right to be represented when doing business with the Social Security Administration. In fact, if you retain a lawyer prior to filing a claim with the Social Security Administration, you double your chances of success at the first level, and you can save yourself a lot of time. If you plan on, or are currently doing business with the Social Security Administration, call us now, we can help you get your claim processed quickly, efficiently, and successfully!

We hope that this brief discussion has given you some insight into some of the complexities involved in Social Security Law. Most importantly, if you are planning on making a Social Security Claim, you need a law firm that can handle these cases. If we feel that our firm is not the most qualified to handle your particular case we will be happy to use our experience and know-how to help you find a lawyer that can provide you with the legal representation and dedication that you deserve. Remember, we never charge you any fees or expenses, unless your case is successful.

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